S.L. 433.3 Art. 4JMeasures issued in terms of Commission Implementing Decision (EU) 2016/715.

(1) This regulation lays down measures in respect of certain fruits originating in Argentina, Brazil, South Africa and Uruguay to prevent the introduction into and the spread within Malta of

Phyllosticta citricarpa.

(2) For the purposes of this regulation, the following definitions shall apply;

(a) "Phyllosticta citricarpa" means Phyllosticta citricarpa (McAlpine) Van der Aa, also named Guignardia citricarpa Kiely under Directive 2000/29/EC; and

(b) "specified means fruits of L., fruits" Citrus Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruits of L. and Citrus aurantium Citrus latifolia Tanaka.

(3) By way of derogation from point 16.4(c) and (d) of Section I of Part A of Schedule IV specified fruits originating in Argentina, Brazil, South Africa or Uruguay, other than fruits destined exclusively for industrial processing into juice, shall be introduced into Malta in accordance with sub-regulations (4) to (8). This sub-regulation shall apply without prejudice to the requirements laid down in points 16.1, 16.2, 16.3, 16.5 and 16.6 of Section I of Part A of Schedule IV.

(4) Specified fruits originating in Brazil shall only be introduced into Malta if they are accompanied by a phytosanitary certificate, as referred to in regulation 15(b)(ii), officially stating under the heading ‘Additional declaration’ that no symptoms of Phyllosticta citricarpa have been observed in the place of production since the beginning of the last cycle of vegetation, and that none of the fruits harvested in the place of production has shown, in an appropriate official examination, symptoms of that harmful organism.

(5) Specified fruits originating in South Africa and Uruguay shall be accompanied by a phytosanitary certificate, as referred to in regulation 15(b)(ii), including under the heading ‘Additional declaration’ the following elements:

(a) a statement that the specified fruits originate in a field of production which has been subjected to treatments against Phyllosticta citricarpa carried out at the appropriate time since the beginning of the last cycle of vegetation;

(b) a statement that an appropriate official inspection has been carried out in the field of production during the growing season, and no symptoms of Phyllosticta have been detected in the specified fruit since citricarpa the beginning of the last cycle of vegetation;

(c) a statement that a sample has been taken along the line between arrival and packaging in the packing facilities of at least 600 fruits of each species per 30 tonnes, or part thereof, selected as much as possible on the basis of any possible symptom of and all Phyllosticta citricarpa, sampled fruits showing symptoms have been tested and found free of that harmful organism;

(d) in the case of Citrus sinensis (L.) Osbeck ‘Valencia’, in addition to the statements referred to in paragraphs (a),

(b) and (c): a statement that a sample per 30 tonnes, or part thereof, has been tested for latent infection and found free of Phyllosticta citricarpa.

(6) Specified fruits originating in Argentina shall be accompanied by a phytosanitary certificate, as referred to in regulation 15(b)(ii), including under the heading ‘Additional declaration" the following elements:

(a) a statement that the specified fruits originate in a field of production which has been subjected to treatments against carried out at the Phyllosticta citricarpa appropriate time since the beginning of the last cycle of vegetation;

(b) a statement that an appropriate official inspection has been carried out in the field of production during the growing season, and no symptoms of Phyllosticta have been detected in the specified fruit citricarpa since the beginning of the last cycle of vegetation;

(c) a statement that a sample has been taken along the line between arrival and packaging in the packing facilities of at least 600 fruits of each species per 30 tonnes, or part thereof, selected as much as possible on the basis of any possible symptom of Phyllosticta citricarpa, and all sampled fruits showing symptoms have been tested and found free of that harmful organism.

(7) (a) Specified fruits originating in Argentina, South Africa and Uruguay shall be visually inspected at the point of entry or at the place of destination established in accordance with Commission Directive 2004/103/EC. Those inspections shall be carried out on samples of at least 200 fruits of each species of the specified fruits by batch of 30 tonnes, or part thereof, selected on the basis of any possible symptom of Phyllosticta citricarpa.

(b) If symptoms of are Phyllosticta citricarpa detected during the inspections referred to in paragraph (a), the presence of that harmful organism shall be confirmed or refuted by testing of the fruits showing symptoms.

(c) If the presence of is Phyllosticta citricarpa confirmed, the batch from which the sample has been taken shall be subjected to refusal of entry into Malta.

(8) For traceability purposes, the specified fruits shall be introduced into Malta only if they fulfil the following conditions:

(a) the field of production, the packing facilities, exporters and any other operator involved in the handling of the specified fruits have been officially registered for that purpose;

(b) throughout their movement, from the field of production to the point of entry to Malta, the specified fruits have been accompanied by documents issued under the supervision of the Directorate;

(c) in the case of the specified fruits originating in Argentina, South Africa and Uruguay, in addition to paragraphs

(a) and (b), detailed information on the pre- and post-harvest treatments has been kept.

(9) By way of derogation from point 16.4(e) of Section I of Part A of Schedule IV to Directive 2000/29/EC, specified fruits originating in Argentina, Brazil, South Africa or Uruguay, destined exclusively for industrial processing into juice, shall only be introduced into, and moved within, Malta in accordance with sub-regulations 10 to 18. This shall apply without prejudice to the requirements laid down in points 16.1, 16.2, 16.3, 16.5 and 16.6 of Section I of Part A of Schedule IV.

(10) (a) The specified fruits shall be accompanied by a phytosanitary certificate, as referred to in regulation 15(b)(ii). The phytosanitary certificate shall include the following elements under the heading ‘Additional Declaration’:

(i) a statement that the specified fruits originate in a field of production subjected to appropriate treatments against carried Phyllosticta citricarpa out at the appropriate time;

(ii) a statement that an appropriate official visual inspection has been carried out during packaging and no symptoms of have Phyllosticta citricarpa been detected in the specified fruits harvested in the field of production in that inspection;

(iii) the words "Fruit destined exclusively for industrial processing into juice".

(b) The phytosanitary certificate shall include the identification numbers of the containers and the unique numbers of the labels on the individual packages.

(11) For traceability purposes, the specified fruits shall only be introduced into Malta if they originate in an officially registered place of production, and there has been an official registration of the movement of those fruits from the place of production to the point of export into Malta. The registered production unit code shall be mentioned on the phytosanitary certificate referred to in regulation 15(b)(ii)under the heading "Additional declaration".

(12) (a) The specified fruits shall be introduced through points of entry, designated by the Directorate.

(b) The Directorate shall notify the designated points of entry and the name and address of the official body of each point of entry sufficiently in advance to the other Member States, the Commission and the third countries concerned.

(13) (a) The specified fruits shall be visually inspected by the Directorate at the point of entry.

(b) If symptoms of are detected Phyllosticta citricarpa during the inspections, the presence of that harmful organism shall be confirmed or refuted by testing. If the presence of the harmful organism is confirmed, the batch from which the sample has been taken shall be subjected to refusal of entry into Malta.